§ 17-85-101. Short title
This chapter shall be known as the “Licensed Lay Midwife Act”.
§ 17-85-102. Purpose
(a) (1) It is the purpose and intent of this chapter to grant the State Board of Health the authority to license lay midwives statewide. (2) It is furthermore the intent of this chapter to supersede Acts 1983, No. 838. (3) This chapter is to be the sole authority of the board to license midwives. […]
§ 17-85-103. Definition
As used in this chapter a “lay midwife” is any person other than a physician, a nurse midwife, or a licensed nurse practicing within the scope of the Arkansas Nurse Practice Act, § 17-87-101 et seq., who performs for compensation those skills relevant to the management of women in the antepartum, intrapartum, and postpartum period […]
§ 17-85-104. Construction
Neither the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., nor the Arkansas Nurse Midwifery Act, § 17-87-501 et seq. [repealed], shall be construed as prohibiting the practice of midwifery by persons licensed under this chapter.
§ 17-85-105. Unlawful actions — Exception
(a) It is unlawful for any person not licensed as a lay midwife by the State Board of Health, excluding licensed nurse midwives and physicians licensed by the State Medical Board, to: (1) Receive compensation for attending birth as a lay midwife; or (2) Indicate by any means that the person is licensed to practice […]
§ 17-85-106. Penalty — Injunctions
(a) Anyone unlawfully practicing lay midwifery without a license shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not less than […]
§ 17-85-107. Power to license
(a) The State Board of Health is empowered to license lay midwives in this state pursuant to rules established by the board to include, but not be limited to: (1) The qualifications for licensure; (2) Standards of practice for prenatal, intrapartum, and postpartum care of mother and baby; (3) Physician supervision, physician consultation, licensed nurse-midwife […]
§ 17-85-108. Certificates of birth
(a) When a birth occurs without a physician in attendance at or immediately after the birth but with a licensed midwife in attendance at or immediately after the birth, it shall then be the responsibility of the midwife to prepare the certificate of birth required by the Vital Statistics Act, § 20-18-101 et seq. and […]
§ 17-85-109. Reporting of transfers
A hospital or licensed healthcare facility shall report to the Department of Health when a known transfer occurs of a patient from the care of a lay midwife during the labor and delivery process to the hospital or licensed healthcare facility.